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Bombay High Court

SHAIKH AJIMODDIN JILANI ALIAS MUNNA SHAIKHversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
APPLICATION ALLOWED

Holding

In the absence of material directly linking any accused to the fatal act and after prolonged pre‑trial custody, bail must be granted with stringent conditions.

Summary

The court considered bail applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for four accused charged with murder and related offences under Sections 103(1), 191(2), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the deceased was assaulted by the accused after a quarrel, leading to fatal abdominal injuries, but the evidence consisted mainly of a post‑mortem report and CCTV footage that did not show the assault or identify the specific assailant. The defence argued that there were no eye‑witnesses, no weapon, and the investigation did not attribute the vital blow to any particular accused, making continued detention unnecessary. The State opposed bail, citing the seriousness of the offence and the risk of evidence tampering. After weighing the prima facie material, the length of pre‑trial detention (over seven months), and the lack of specific incriminating evidence against any individual, the judge ordered that bail be granted with stringent conditions to prevent interference with the investigation.

Issues considered

  • Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a murder case where the prosecution lacks direct evidence identifying the assailant.
  • Whether the absence of eye‑witnesses and weapon, and the inability to attribute the fatal injury to a specific accused, justifies continued pre‑trial detention.
  • Whether the risk of tampering with evidence or influencing witnesses warrants denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • section 483
  • evidence
  • tampering
  • post‑mortem
  • blunt trauma
  • pre‑trial detention

Judgment

2026:BHC-AUG:45841
                                                                          1000-BA-1345-26.odt



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              BAIL APPLICATION NO. 1345 OF 2026
         Shaikh Ajimoddin Jilani @ Munna Shaikh                ..APPLICANT
                VERSUS
         State of Maharashtra and Another                      ..RESPONDENTS

                          WITH BAIL APPLICATION NO. 1408 OF 2026
         Sanjay Janardhan Gitte                                ..APPLICANT
                VERSUS
         State of Maharashtra                                  ..RESPONDENT

                          WITH BAIL APPLICATION NO. 1400 OF 2026
         Shaikh Shakil Rauf                                    ..APPLICANT
                VERSUS
         State of Maharashtra                                  ..RESPONDENT

                          WITH BAIL APPLICATION NO. 1473 OF 2026
         Madhukar Goroba Ingle                                 ..APPLICANT
                VERSUS
         State of Maharashtra                                  ..RESPONDENT

                                                ....
         Mr. S.J. Salunke, Advocate for applicant in BA/1345/2026
         Mr. S.B. Solanke, Advocate for applicants in BA/1408/2026 and BA/1400/2026
         Mr. V.H. Solanke, Advocate h/f Mr. R.T. Deshmukh, Advocate for applicant in
         BA/1473/2026
         Mr. K.K. Naik, A.P.P. for respondent nos.1 and 2
         Mr. U.M. Maske Patil, Advocate for Assist to A.P.P.
                                                ....

                                          CORAM : HITEN S. VENEGAVKAR, J.
                                          DATE : 29th SEPTEMBER, 2026

         PER COURT :

         1.          Heard learned counsel for the applicants, learned A.P.P. for State

         and learned counsel on behalf of Respondent No.2 – informant.



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2.         Present applications are preferred under Section 483 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail in connection

with Crime No. 38 of 2026 dated 15th February, 2026 registered with Yermala

Police Station, Dist. Dharashiv for the offences punishable under Sections

103(1), 191(2), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.


3.         The applicants are the original accused persons and they were

arrested on 15th February, 2026. Investigation is complete and charge-sheet has

also been filed in the present offence. The applicants are awaiting trial. On

query, learned A.P.P. submits that the charges are yet to be framed.


4.         The prosecution story in brief is that deceased – Satish Munde had

accompanied present applicants to Mahakali Kala Kednre on the evening of 12 th

February, 2026.     According to prosecution, while returning in the car of

applicant, after midnight, a quarrel arose between the applicants and the

deceased and there was abuses hurled against each other. The prosecution

alleges that the applicants, therefore, stopped the car near the highway and

assaulted the deceased – Satish with fists and kicks. It is further alleged that

the applicant – Shaikh Ajimoddin subsequently had carried Satish, who was

unconscious and unresponsive, to the house of the informant. Satish was taken

for medical treatment and the doctors, after examining him, had declared him

dead. The present informant, who is father of deceased – Satish, therefore

registered the F.I.R. on 15th February, 2026 alleging commission of murder of

Satish at the hands of present applicants.

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5.         Learned counsel for the applicants jointly submitted that there is no

eye witness to the alleged roadside assault. The reliance of prosecution on the

CCTV footage only shows that Satish was walking out Mahakali Kala Kendre,

but does not reveal the incident of assault and neither shows any particular act

of assault at the behest of present applicants. Admittedly, it is not the case of

prosecution that any weapon was used in the alleged offence. Learned counsel

submit that investigation does not identify as to who inflicted the vital blow on

the abdomen of Satish or the prosecution material does not furnish anything

that establishes a shared intention of the applicants to cause death of Satish.

Reliance is also placed on the conduct of applicant – Shaikh Ajimoddin in

bringing Satish home and suspecting not taking him to the hospital. All the four

applicants are in custody since 15th February, 2026, and therefore, their further

detention would not serve the investigating purpose.


6.         Learned A.P.P. opposed the bail applications and submitted that the

applicants and the deceased left Mahakali Kala Kendra together. He further

submitted that Satish, when was brought home, was unresponsive and

unconscious. The postmortem report reveals that death was due to hemorrhagic

shock due to blunt trauma to abdomen.           Prosecution also relies on the

surrounding circumstances such as spot panchanama and medical report and

the opinion of doctor for cause of death. Learned A.P.P. also raised concern

about the present applicants, who are residents of same village and they have

acquaintance with the local witnesses. He apprehends that there is likelihood


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that the present applicants, after release on bail, may try to interfere and

tamper with the evidence and the local witnesses.


7.         The death and seriousness of abdominal injuries cannot be

minimized in any manner. The postmortem also records internal bleeding. The

injuries sustained to the deceased are supported by the medical opinion stating

that blunt trauma to abdomen is a cause of death of deceased – Satish.


8.         However, it is pertinent to note that the medical record does not give

a word to the extent of identifying the assailants or the exact role of each of the

assailants in causing the abdominal injury which is resulted into death of

deceased – Satish.      The CCTV footage inspection records Satish leaving

Mahakali Kala Kendra walking and does not depict of assault at that place. The

material concerning the journey thereafter is a substantial material which the

prosecution is entitled to prove at the time of trial. It is necessary to consider,

treating the persons by together as proof of each applicant inflicted fatal injury

or had shared the requisite intentions. Alongwith the arguments of learned

counsel, I have also considered the order passed by the learned trial Court

pertaining to the obligation of applicant – Shaikh Ajimoddin.         The alleged

disclosure concerning the place where the car stopped cannot be relied upon by

the prosecution. Equally, the absence of eye witnesses or weapon does not

make prosecution case unattainable. These considerations are on the present

assessment and are not finding of guilt, common intention or clarification of the

offence. As far as bail applications are concerned, prime consideration should

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be to the prima facie prosecution material, gravity of the accusation, risk of life

and interference and inference to the prosecution witnesses without conducting

a detailed trial. Filing of charge-sheet or reliance on subsequent evidence does

not on its own decide allegation of guilt. In the present case, the investigation

is complete, charge-sheet is filed and the applicants have been in custody for

more than seven months. On the Court’s query, learned A.P.P. fairly submits

that the charge in the present case has not yet been framed.


9.         Taking all the aforesaid circumstances and the fact that the material

collected by the investigating agency does not presently attribute a particular

vital act to any one of the present applicants. The available material does not

warrant continuous detention of the present applicants pending trial.

Therefore, I am of the opinion that the present applications can be allowed and

the applicants can be released on bail by imposing stringent conditions. Hence,

the following order :-

                                     ORDER

           (i)    The Bail Applications are allowed.

           (ii)   The applicants shall be released on bail in Crime No. 38 of
                  2026 dated 15th February, 2026 registered with Yermala Police
                  Station, Dist. Dharashiv for the offences punishable under
                  Sections 103(1), 191(2), 115(2) and 3(5) of the Bharatiya
                  Nyaya Sanhita, 2023, on furnishing personal bond of Rs.
                  50,000/- (Rupees Fifty Thousand only) each with one or two
                  solvent surety each in the like amount, subject to the following
                  conditions :

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              a)   The applicants shall attend the trial Court on every date
                   fixed, unless his attendance is specifically exempted.
              b)   The applicants shall not enter Kaij Taluka till conclusion
                   of trial.
              c)   The applicants shall not, directly or indirectly, contact,
                   threaten, induce or influence the informant or any
                   prosecution witness and shall not tamper with the
                   prosecution evidence.
              d)   The applicants shall furnish their current residential
                   addresses and mobile numbers to the Investigating
                   Officer and the trial Court within seven days of release,
                   intimate    any      change   forthwith,   and   attend        the
                   Investigating Officer upon prior written notice if further
                   investigation is required.
              e)   The applicants shall not leave India without prior
                   permission of the trial Court and, if they possess
                   passport, shall deposit the same with the trial Court
                   within seven days of their release.
              f)   The applicants shall not involve themselves in any
                   offence of a similar nature while on bail.
              g)   Breach of any of the above conditions shall entitle the
                   prosecution to apply for cancellation of bail.

      (iii)   All observations in this order are prima facie and confined to
              the decision of these bail applications. The trial Court shall
              decide the case on the evidence led before it.

      (iv)    The Bail Applications are disposed of in the above terms.



                                          ( HITEN S. VENEGAVKAR, J. )
SSD



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